Impaired driving causing bodily harm brings strict penalties, long-term consequences, and a complex legal process. Many people first learn this after a serious accident. This charge is treated as a major criminal offence in Canada, and the Crown often seeks jail time even for a first offence.
You may feel overwhelmed after the arrest, but you need to understand how the charge is built, how the case moves through court, and what steps you can take to protect yourself.
This article explains what it means to be charged with impaired driving causing bodily harm and what can you do to defend against the charge.
What Happens When You’re Charged with Impaired Driving Causing Bodily Harm
Roadside Investigation and Testing
Police begin with the same steps used in any impaired driving case. They look for signs of impairment at the scene, question you, and may demand a roadside breath test. If you fail or refuse, you are arrested and taken to a police station for further breath testing on an approved instrument. The officer’s observations, your roadside test results, and the formal breath tests become the foundation of the charge.
Automatic Penalties and Conditions
After the arrest, your driver’s licence is suspended for 90 days by the Ministry of Transportation. You may also face release conditions or bail terms that restrict driving. These conditions apply even before the case reaches court and remain in place until the matter is resolved.
Should You Plead Guilty? – No
You should not plead guilty before reviewing full disclosure and getting legal advice. Impaired driving causing bodily harm carries the risk of jail, high financial costs, and a lengthy licence suspension. The Crown must prove impairment, operation, and the connection between your impairment and the collision. There are cases where these points can be challenged.
Before the Trial
Your lawyer reviews disclosure, including police notes, video, witness statements, medical records, and breath test documents. Discussions with the Crown take place to identify issues with impairment evidence, driving evidence, or the link between the injury and the collision. In indictment matters, a preliminary inquiry may occur to test the strength of the evidence and cross-examine witnesses.
Going to Trial
A trial focuses on whether the Crown can prove impairment, operation, and contribution to the injury. The law no longer requires the Crown to prove that impairment caused the collision; it now needs to show that impairment contributed in some way. Accident reconstruction, Charter challenges, and cross-examination of witnesses often shape these trials. The case proceeds in either the Ontario Court of Justice or Superior Court, depending on the Crown’s election.
How the Charge Becomes “Causing Bodily Harm”
Police and Crown prosecutors elevate a standard impaired driving charge to impaired driving causing bodily harm when evidence shows that someone was injured.
How this happens:
- Police respond to the accident.
- They conduct the impaired driving investigation as usual.
- Medical staff later confirm an injury that needs time to heal.
- Police obtain medical records to document the injury.
- The Crown upgrades the charge under Criminal Code section 320.14(2).
Points that matter:
- The injury does not need to be severe; it only needs to be more than minimal.
- The Crown must show the impairment was a contributing factor in the collision.
- The upgrade can happen days or even weeks later once injuries become clear.
What Counts as Bodily Harm
Bodily harm refers to any injury that goes beyond a fleeting or minor issue. The law takes a broad view of what qualifies.
Injuries that count include:
- Broken bones
- Cuts or bruises requiring treatment
- Concussions
- Sprains that take time to heal
- Any injury that interferes with health or comfort and needs recovery time
Even a moderate injury satisfies the legal threshold, which is why many collisions lead to this upgraded charge.
If a Death was Caused
If the injured person later dies, the charge becomes impaired driving causing death under section 320.14(3) of the Criminal Code. The Crown treats these cases with extreme seriousness, and the maximum penalty becomes life imprisonment. The same core elements still apply, but the consequences are far harsher, and courts expect extensive evidence showing how the collision led to the death.
The Trial Process for Impaired Driving Causing Bodily Harm
First Court Appearance
The first court appearance begins the formal process and confirms that you have received disclosure. This stage does not involve arguing the case. Its purpose is to ensure you understand the charge and to give your lawyer the opportunity to review the evidence, which may include police notes, videos, witness statements, medical records, and breath test documentation.
Crown Pre-trial
A Crown pretrial follows once disclosure is reviewed. Your lawyer meets with the Crown to discuss the strength of the evidence, any gaps in the impairment or driving proof, and any issues related to medical documentation. The discussion also covers whether further disclosure is needed and whether there are legal issues such as Charter breaches. In serious cases, resolution discussions are limited because the Crown often seeks custody.
Judicial Pre-trial
A judicial pretrial may be scheduled when the case is more complex. A judge joins the discussion to address trial length, evidentiary disputes, and Charter issues. This stage helps narrow the issues for trial. It may also determine whether expert evidence, such as accident reconstruction, is required.
Preliminary Inquiry (Indictment Matters Only)
A preliminary inquiry can occur if the Crown proceeds by indictment. This hearing tests the evidence before trial and allows your lawyer to cross-examine police officers and civilian witnesses. The inquiry often exposes weaknesses in the Crown’s case and produces transcripts that can be used at trial if witnesses change their stories.
The Trial
The trial focuses on proving three elements: impairment, operation, and contribution to the injury. The Crown no longer needs to prove that impairment caused the collision, only that it contributed. Your lawyer challenges the breath tests, roadside process, police observations, and the medical evidence. Accident reconstruction may show that the injury was caused by factors unrelated to impairment. The trial can occur in the Ontario Court of Justice or Superior Court, depending on the Crown’s election.
Timelines
The timeline depends on the Crown’s election.
- Summary election: The Crown has up to 18 months to complete the case.
- Indictment with judge alone: The Crown has up to 30 months to complete the case.
- Indictment with judge and jury: The Crown has up to 30 months to complete the case.
These timelines reflect the ceilings set by the Supreme Court for unreasonable delay.
How Do You Fight the Charge?
Defending an impaired driving causing bodily harm charge requires a detailed review of the evidence. Your lawyer looks at impairment signs, breath testing, the accident, and whether the injury meets the definition of bodily harm. The Crown must also prove you were the driver and that impairment contributed to the collision.
Defences often focus on:
- Whether you were the driver at the time of the collision
- Whether the breath tests were taken legally and correctly
- Whether the officer had proper grounds for the roadside demand
- Whether impairment was actually present
- Whether medical evidence supports a bodily harm finding
- Whether the injury was caused in a way unrelated to impairment
- Whether evidence should be excluded because of Charter breaches
- Whether accident reconstruction contradicts the Crown’s version of events
Cases involving bodily harm are complex, and the defence often depends on identifying weaknesses in how police gathered evidence or how the Crown links the injury to your impairment.
Should You Hire a Lawyer? – Yes
You should hire a lawyer because impaired driving causing bodily harm is one of the most serious driving offences in Canada, and the Crown usually seeks jail time, even for a first offender. The process involves technical evidence, medical documentation, Charter challenges, timelines, and detailed legal requirements. A lawyer can guide you through disclosure, identify defences, and protect you from the long-term consequences of a conviction.
How Much Does It Cost to Fight the Charge?
Costs are high because these cases involve complex evidence and often require expert involvement. Legal fees start around $30,000 and rise if accident reconstruction or a full trial is required. A preliminary inquiry, Charter applications, and expert reports all add to the overall cost. You should expect total expenses to increase sharply if the case proceeds to a contested trial.
Consequences and Penalties if Convicted
A conviction for impaired driving causing bodily harm leads to severe and lasting consequences. Courts treat these cases as major crimes, and the Crown usually seeks jail even for a first offender. Penalties apply under both the Criminal Code and provincial regulations, and many of them remain in place long after you finish your sentence.
Fines
Impaired driving causing bodily harm carries a mandatory minimum fine of $1,000, but fines are not commonly imposed on their own in these cases. Courts almost always focus on jail rather than monetary penalties. The fine often appears only as an additional component alongside custody, probation, or prohibitions.
Jail Time for Causing Bodily Harm
Sentences for bodily harm cases continue to increase, and courts view these incidents as aggravated forms of impaired driving. Even when injuries are moderate, the Crown often seeks penitentiary-level custody, and judges rarely consider non-custodial outcomes.
- Minimum: $1,000 fine
- Maximum: 14 years
- Most common: Two years or more in custody, with higher sentences for serious injuries
Jail Time for Causing Death
Causing death dramatically increases sentencing expectations, and judges rely heavily on denunciation and deterrence in determining a fit sentence. First offenders often receive lengthy penitentiary terms, and repeat offenders face the possibility of double-digit sentences.
- Minimum: $1,000 fine
- Maximum: Life imprisonment
- Most common: Five to ten years in custody for a first offender, with higher sentences if the driver has a prior record
License Suspension and Interlock
A conviction leads to a long-term driver’s licence suspension under the Highway Traffic Act, ranging from several years to life depending on your record. You are not eligible for an early interlock program in cases involving bodily harm or death. Once the suspension ends, you may still have to complete remedial programs and install an interlock device before you can drive again.
Consequences on Insurance
Insurance becomes extremely expensive after this conviction. Most insurers refuse coverage entirely, and those that accept you place you in a high-risk category. Premiums often increase to a level that makes driving unaffordable, and this can continue for many years.
Consequences on Employment
Employment can be affected in several ways. Jobs that require driving, operating machinery, or holding a clean record often become unavailable. A jail sentence disrupts work, and employers may treat the conviction as a serious misconduct issue. Professional licensing bodies may require disclosure and can impose their own discipline.
Criminal Record
A conviction creates a permanent criminal record. This record affects travel, background checks, immigration matters, and access to many types of employment. A record suspension is not available for many years, and even when granted, it does not erase the history of the case for immigration or border purposes.
X-Copper Can Help if You’re Charged with Impaired Driving Causing Bodily Harm
You face serious consequences when charged with impaired driving causing bodily harm, and you should not try to manage this process alone. We can guide you through every stage of the case, review the evidence, and build a defence that protects your future.
If you need help now, contact us for a free quote and speak with our team about your options.
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